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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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      By zyghom · Posted

      Hello All, I was hoping for some help with a  Claim Form received yesterday 15h May 2024.  I have read lots of threads but I just want to check what I am doing. I have acknowledged service noting my intention to defend all of the claim and I have left the contest jurisdiction un-checked. I will today/tomorrow issue a CCA request with a £1 postal order to the claimant and a CPR 31:14 to the solicitor.  For the CCA which section should I use? I am not sure which section Paypal Credit would come under. If the claim was issued on the 9th May am I correct with my defence filing date of the 11th June? Is there anything else I need to do? Thanks in advance   Which Court have you received the claim from ? Civil National Business Centre, Northampton Name of the Claimant ? Lowell Portfolio I Ltd How many defendant's  joint or self ? Self (just 1) Date of issue –  9th May 2024 Defence filing date: Tuesday 11th June?? Particulars of Claim What is the claim for  The claim is for the sum of £255.69 due by the Defendant under an agreement regulated by the Consumer Credit Act 1974 for a PayPal account with an account reference of xxxxxxxxxxxxxxxx)  The Defendant failed to maintain contractual payments required by the agreement and a Default Notice was served under s.87(1) of the Consumer Credit Act 1974 which has not been complied with. The debt was legally assigned to the claimant on 15-09-21, notice of which has been given to the defendant. The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £0.00. The Claimant claims the sum of £255.69 What is the total value of the claim? £340.69 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address? Not applicable Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? PayPal credit account When did you enter into the original agreement before or after April 2007 ? After April 2007  Do you recall how you entered into the agreement...On line /In branch/By post ? Online Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes, shows as defaulted.  Registered when it was bought by Lowell Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Cant find a letter that say so Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  Not sure Why did you cease payments? Financial difficulties and mental health issues What was the date of your last payment? ? Mid 2019 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No

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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Yet ANOTHER hearing - 16/6/10 - Cl Finance/Howard Cohen **Discontinued**

Martel

By Martel
in Financial Legal Issues

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Guest Mrs Hobbit

Guest Mrs Hobbit

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Martel, you should be drawing regular attendance money. Joking aside, I hope things are better for you today. Soft hugs

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Martel

Martel

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Martel, you should be drawing regular attendance money. Joking aside, I hope things are better for you today. Soft hugs

 

 

Haha...I actually made £65 today!

 

More in a min.....MXXX

 

PS thanks for the hugs!

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Martel

Martel

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Sorry its getting late, have they supplied a copy of your credit agreement that contains Clause 7.

I mention this, because HC are renowned for including this clause in all of there POC, even when they don't have an agreement to refer to, they still keep putting it in. It basically invalidates the claim because they cannot produce the agreement that they refer to & rely upon to enforce the claim.

 

Debs

 

and from Middenmiss:

 

T & C's

 

18.

18.1 Agreement will terminate automatically on termination of your present employment.....

 

 

 

Hilarious day at court (where I am now greeted by name by staff).

 

These two points above really put the cat amongst the pigeons today so thank you Debbbbsy and Middenmiss! I was clearly channeling you both today!

 

V young, earnest sol from H Cohen, only instructed re Summary Hearing - the Order had not been read in its entirety. Basically, it said if the SJ was unsuccessful, the court would proceed to determine the claim.

 

DJ unhappy that sol has been badly instructed and is unprepared. DJ agrees to give him some time to get necessary docs and WS statements faxed over.

Before he does this, I raise the point re APR mentioned on the POCs, referring to 'clause 7'. DJ amends my Amended Defence to include this point.

 

Sol reads from T&Cs that don't match mine and/or DJ's. It appears that there were different T&Cs in the original WS (Jan 08) and that THAT clause 7 DOES endorse the APR on the POCs. However, after the last hearing (May 08), H Cohen sent to court and myself better photocopied T&Cs we've always referred to (no appropriate Clause 7) - DJ requests confirmation faxed over as to which T&Cs relate to my agreement.

 

Back to the reception area, now teeming with all sorts of bolshy litigants and brewing dramas. H Cohen sol desperate on the phone to his office, enduring abuse from uncooperative usher, etc, goes on for hours - almost comic in its intensity and faxing calamities.

 

With faxed docs, we now return to DJ. Faxed docs now include TWO T&Cs - one from the original WS and.....and an entirely different set of T&Cs. Sol says they are identical (i.e., they include clause 7 that validate the APR claim on POCs)........BUT one has Clause 18.1 and one doesn't.

 

We now have three different sets of T&Cs in front of us.

 

Sol's feeble attempt to continue to SJ is declined. DJ adjourns hearing, instructing sol to determine the correct T&Cs and prove it (tho I'm sure the word 'reconstruction' will be bandied about). DJ Does request original agreement be brought to court, if poss. Court date set for September.

 

I am awarded £65 costs. My request for costs matching the barrister's costs on my two previous hearings this week is turned down. DJ cracks a smile.

 

On the way out, freaked out young sol expresses hope that he doesn't have to attend the next hearing (DJ gave him a pretty hard time). I feel sorry for him - but say he should really look at the Skeletal Argument, specifically re the DN. I tell him there's no wiggle room here and he agrees.

 

This is the third CL Finance claim I've had. H Cohen withdrew the first two after initial hearings.

 

Wonder what will happen this time?

 

HUGE thanks to all and enormous special mention to Debbbbsy and Middemiss!!

 

Now onto the other immediate questions....e.g., to N460 or not to N460 my losing hearings of the last few days....has anyone ever ben able to access legal insurance on their buildings insurance policy for anything like this???

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angry cat

angry cat

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"On the way out, freaked out young sol expresses hope that he doesn't have to attend the next hearing (DJ gave him a pretty hard time). I feel sorry for him - but say he should really look at the Skeletal Argument, specifically re the DN. I tell him there's no wiggle room here and he agrees."

 

Luvvly Jubbly!

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Martel

Martel

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Re: claiming on buildings insurance.

The event has to have happened, after the policy had been issued.

 

Ah! Do you mean when the agreement is dated or date of default/termination or date of Claim?

 

Also, do you happen to know if you're covered if you haven't issued the Claim and if an N460 is considered a new claim or how it's defined?

 

Have had the same policy for awhile.

 

Thanks!

MX

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angry cat

angry cat

Posted
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Ah! Do you mean when the agreement is dated or date of default/termination or date of Claim?

 

Also, do you happen to know if you're covered if you haven't issued the Claim and if an N460 is considered a new claim or how it's defined?

 

Have had the same policy for awhile.

 

Thanks!

MX

 

My understanding is, it is before one entered into the agreement.

Check with your insurer.

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Guest Mrs Hobbit

Guest Mrs Hobbit

Posted
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Now that is what the CFC call a bad/sad gig for the solicitor. We've had when they have not been instructed correctly and not expecting a spanner in the works. You are also teaching the DJ along the way. Maybe next time he/she will realise you do your homework and are not so silly. I would also raise the question of the fiasco of the last hearing and the court staff not getting the paper to the Judge in time.

 

I like your expenses of £65.00. Now will they get the orginal agreement? Shall we run a book on this?

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Martel

Martel

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Martel,

 

just to let you know that on the last PDF you attached you can clearly see all of your personal details and agreement numbers etc.... Just thought I would let you know.

 

De Bilde, thank you for letting me know. I'm sort of at my wit's end re editing attachments - I've tried blocking them with opaque paper and eliminating my details with indelible ink....I guess the only true way of doing it is to physically cut out the details.

 

I've edited the attachment out, buy am unable to verify it's now been deleted (think I will always be able to access it as it's downloaded on my computer).

 

Huge thanks, again!!

 

Martel

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Martel

Martel

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Yes you can do, then you can add the others using the edit function or as separate posts if you like.

 

Cerberus, I'm so sorry to bother you but could you make sure all my attachments on this thread are eliminated? no matter what I do to block personal info - opaque paper, indelible ink - doesn't do the trick. and, I'm not sure if my editing of the said posts has been effective.

 

Sorry - I'll get the hang of it eventually. MXX

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Martel

Martel

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Now that is what the CFC call a bad/sad gig for the solicitor. We've had when they have not been instructed correctly and not expecting a spanner in the works. You are also teaching the DJ along the way. Maybe next time he/she will realise you do your homework and are not so silly. I would also raise the question of the fiasco of the last hearing and the court staff not getting the paper to the Judge in time.

 

I like your expenses of £65.00. Now will they get the orginal agreement? Shall we run a book on this?

 

Mrs H, so sorry, just saw your post......

 

Am not entirely sure what the DJ thinks of me, is rather enigmatic. DJ did take over an hour to write up previous hearing's Order. Drove boring, charmfree barrister crazy - he thought it would be a 5 minute hearing and it turned out to be an all day affair (I get minor satisfaction there). AND he was forced to exchange pleasantries with dull sol ALL DAY.

 

Am waiting to hear back from your barristers but I think financing the N460 (and the meter is ticking - less than 2 weeks for the first hearing and 21 days as of Monday for the second) is not an option. I can only do it if it's DA or CFA (whichever acronym translates into 'I can't pay'). I do think I have a strong case just in terms of sloppy court procedure prejudicing my chances of adjournment and fair hearing. Grrr......

 

Thanks for all your fab advice, MXX

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cerberusalert

cerberusalert

Posted
Posted

I've deleted a couple of urls and unapproved the attachments which means although they are still there no-one can download them.

 

If you want to delete them click the 'edit' button in the post and then 'manage files' then you can delete them manually. ;)

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Martel

Martel

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I've deleted a couple of urls and unapproved the attachments which means although they are still there no-one can download them.

 

If you want to delete them click the 'edit' button in the post and then 'manage files' then you can delete them manually. ;)

 

Cerberus, I truly hope I'm not trying your patience. I did do an edit, but am never convinced it's been effective. I think i must be the only person without Xray eyes. From now on, I will be cutting out the relevant info!!

 

Huge thanks!!

 

MX

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middenmess

middenmess

Posted
Posted

Hi Martel--to edit/block out lines of text etc.,just open up your image in the Windows Program 'Paint'

[start-All programs-Accessories-Paint]

have a quick read of help and then off you go.Within a few minutes you'll be able to block out anything!:)

 

odovki19op.jpg

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Martel

Martel

Posted
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Hi Martel--to edit/block out lines of text etc.,just open up your image in the Windows Program 'Paint'

[start-All programs-Accessories-Paint]

have a quick read of help and then off you go.Within a few minutes you'll be able to block out anything!:)

 

odovki19op.jpg

 

ooohhh...thanks to you and Cerberus! I will play around with 'paint' and see what I can do.....I resorted to old fashioned censorship because time was of the essence (and I am a technical idiot).

 

BTW, Midd.....you're eagle eyed spotting of Cl 18.1 totally stalled proceedings today.....incredible that such an apparently anodyne term could scupper the hearing today. I so owe you one!!

 

 

MXX

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Martel

Martel

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A happy ending....today I rec'd a Notice of Discontinuance.

 

Fini!!

 

The Defence hinged on a flawed DN. And the claimant's sol wasn't helped by the fact he managed to produce THREE T&Cs in court.

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Martel

Martel

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What was it that Freddy used to sing?.... Oh yes, "Another one bites the dust". :D

 

Cerberus, that did make me laugh!! First time in ages!!

 

I've also defeated two other CL Finance claims (not on this forum, tho) - just thought I'd mention it because they seem to back off after a day or two in court. My advice is to stand your ground, MX

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